CAT/C/TGO/CO/3 issued against them, given the absolute nature of the obligation of non-refoulement (arts. 3 and 7). 21. The State party should ensure full respect for the principle of non-refoulement enshrined in its legislation and in article 3 of the Convention, and therefore refrain from expelling, returning or extraditing a person to another State where there are substantial grounds to believe that he or she would be in danger of being subjected to torture or ill-treatment. Refoulement decisions should be subject to judicial review on a case-by-case basis, and carry a right of appeal that has suspensive effect. The State party should also include in its next periodic report information on the number of persons expelled or extradited, specifying to which countries, the number of judicial decisions overruling or cancelling expulsion orders on the basis of the principle of non-refoulement, and any other relevant measures taken. It should also inform the Committee of the diplomatic follow-up it has given to the above-mentioned case, if any. Allegations of torture and ill-treatment 22. Recalling paragraphs 9 and 10 of its previous concluding observations, the Committee remains concerned about allegations of torture and ill-treatment in detention, in particular of persons held in custody in police stations and gendarmeries. The Committee is particularly concerned about allegations of torture and ill-treatment in the jails of the Central Criminal Investigation and Research Service, in particular of persons arrested on account of their participation in demonstrations or their support for the political opposition. The Committee welcomes the State party’s intention, announced orally during the interactive dialogue with the Committee, to launch an investigation into the practices of the Central Criminal Investigation and Research Service and would appreciate being informed of the findings of this investigation (art. 2). 23. In the light of the recommendations made by the Committee in paragraph 9 of its previous concluding observations, the State party should: (a) Clearly reaffirm the absolute prohibition of torture by publicly condemning the practice of torture and raising awareness of and disseminating the content of the Criminal Code; (b) Give clear instructions to members of the security forces (police, gendarmerie and Central Criminal Investigation and Research Service), which state that the prohibition of torture is absolute, that torture is a criminal offence and that the perpetrators of acts of torture will be prosecuted; (c) Ensure that the competent authorities routinely launch an investigation whenever there are reasonable grounds to believe that an act of torture has been committed and enlist the support of civil society in documenting such acts. In addition, ensure that suspects duly stand trial and, if found guilty, are given sentences that are commensurate with the seriousness of their acts. Conditions of detention 24. The Committee remains deeply concerned about the persistence of conditions of detention amounting to ill-treatment in the majority of institutions in the country. The Committee is concerned that the budget of the prison administration has not been increased since 2015, and notes the unsanitary conditions, lack of ventilation and light, insufficient quantity of food – consisting of only one meal a day – and the limited recreational or training activities to foster rehabilitation in places of detention. In addition, the Committee regrets the absence of any effective separation between categories of detainees and the lack of qualified prison staff, which means that inmates themselves are responsible for supervision, resulting in violence and corruption. While welcoming the opening of the new prison in Kpalimé, which has helped to ease overcrowding at Lomé prison, the Committee remains concerned at the rate of overcrowding in all places of detention; the national occupancy rate is currently 182 per cent, and there is no comprehensive prison policy to address the multiple causes of overcrowding. The Committee regrets that the alternatives to detention set forth in the new Criminal Code cannot be applied because of the present lack of a Code of Criminal Procedure. Moreover, the Committee is concerned that there are GE.19-14561 5

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